This title and the official zoning map may be amended whenever required by public necessity, convenience or welfare. The intent of this chapter is to establish authority and procedure for such amendments.
(Ord. 1317 § 3, 1998)
The city council shall have the authority to amend this title and the official zoning map, subject to the procedures described within this chapter.
(Ord. 1317 § 3, 1998)
Amendments of this title and the official zoning map may be initiated by:
A.
Text Amendments. In order to initiate a text amendment, the owner of land within the city shall submit a notarized application for such an amendment. The application shall be on forms supplied by the director. The application shall identify each chapter, section, paragraph, sentence and word subject to the amendment request and include the exact text changes which are being proposed. The director may request additional information necessary to process the application. Applications for initiation of amendments shall be in accordance with FMC Title 14.
B.
Map Amendments. In order to initiate a map amendment, the owner of land within the city shall submit a notarized application for such an amendment. The application shall be on forms supplied by the director. The application shall include an accurate map and legal description of the property subject to the map amendment. The director may request additional information necessary to process the application. Applications for initiation of amendments shall be in accordance with FMC Title 14.
C.
Initiation by City Council. By the adoption of a motion by the city council requesting the planning commission to set a matter for meeting and recommendation.
D.
Initiation by Planning Commission. By adoption of a motion by the planning commission.
E.
Map or Text Amendments Requiring Comprehensive Plan Amendments. If a map or text amendment, other than a site-specific rezone, requires a comprehensive plan amendment, then such amendments shall be processed concurrently. This combined process will occur in accordance with the comprehensive plan amendment process.
(Ord. 1317 § 3, 1998; Ord. 1866 § 14, 2014)
All applications for site-specific zoning map amendments shall be reviewed by the community development director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone:
A.
Hearing Examiner. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to FMC 2.92.145.
B.
Planning Commission. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then the council shall review the planning commission's recommendation on rezone together with the comprehensive plan amendment, zoning map and/or text amendment pursuant to Chapter 19.90 FMC.
(Ord. 1866 § 15, 2014; Ord. 1919 § 5, 2015)
A.
Planning Commission Recommendation. Upon initiation of a text amendment or area-wide rezone request in conformance with FMC 19.92.030, the planning commission shall, at a public meeting, review and consider the proposed amendment. The planning commission shall recommend either approval or denial of the proposed amendment request to the city council.
B.
City Council Action. Within 30 days of receiving a recommendation on an amendment request from the planning commission, the city council shall hold a public hearing to consider the request. At a public hearing and supported by written findings, the city council shall either remand, grant, grant with modifications or deny the amendment request. Prior to granting an amendment, the city council must conclude that the request is consistent with FMC 19.92.045. Amendments shall be official upon adoption of an ordinance granting the request.
(Ord. 1317 § 3, 1998; Ord. 1866 § 16, 2014)
In order for a zoning map or text amendment to be approved, the following criteria must be met:
A.
The proposed amendment is consistent with the goals and policies of the comprehensive plan; and
B.
For map amendments, the proposed zoning is consistent and compatible with the uses and zoning of surrounding property; and
C.
For map amendments, the property is suited for the uses allowed in the proposed zoning classification; and
D.
For amendments requiring comprehensive plan amendments, that there are changed conditions since the previous zoning, title adoption or title amendment to warrant the proposed amendment; and
E.
The proposed amendment will promote, rather than detract, from the public health, safety, morals and general welfare.
(Ord. 1866 § 17, 2014)
An owner of land in the city may propose a contract as a condition of a zoning map amendment in order to mitigate otherwise unacceptable adverse impacts of the proposed action. Contract zoning shall not decrease or waive any of the requirements within this title or any other title within the FMC. A proposed contract shall be included with the initiation request described in FMC 19.92.030.
An adopted zoning contract shall run with the land covered and shall be considered an additional regulation applicable to any and all matters regulated by this title. Failure by any person, firm or corporation to fulfill the zoning contract shall be considered a violation of this title and, upon action by the city council, may be grounds for rescinding the rezone action or portions thereof. Upon such rescindment, the subject property shall revert to the previous zoning district classification.
(Ord. 1317 § 3, 1998)
The official zoning map shall be amended upon annexation of property into the city.
A.
Default Zoning District Upon Annexation. All property which may hereafter be annexed into the city shall be designated the zoning district classification identified for such property on the official zoning map unless a different zoning classification has been determined by the city council prior to annexation.
B.
City Council Map Amendment Upon Annexation. The city council may decide on a map amendment as part of the ordinance adopting such annexation. The map amendment shall be subject to the amendment procedure described in this chapter.
C.
Petitioner for Annexation Map Amendment Request. Petitioners for annexation may request an annexation area zoning district classification which differs from the default classification identified on the official zoning map. The petitioners shall include any such map amendment request with the notice of intent to commence annexation proceedings. Such request shall follow the amendment procedure described in this chapter. The city council's determination on such a request shall be incorporated into the ordinance adopting such annexation.
(Ord. 1317 § 3, 1998)